Congress has used the Commerce Clause to regularly expand the power and authority of the Federal Government, sometimes improperly. [Uses and Abuses of Commerce Clause, Jan 18, 2011 14 by David Forte, Heritage Foundation]
Safe Sport Act (SSA) and the Center Safe Sport (CSS) are the most recent expansions.
Some of the School, Non-School and Olympian Child Amateur Athletes participating in some of the Sports, Recreation and Exercise (SRE) and other ICD-10 Activities are directly impacted by transferring their oversight and jurisdiction to the SSA and CSS.
In doing so, the time honored, local state law enforcement, social services and CPS agencies, state sovereign jurisdictions are ‘side-stepped’, ignored and jurisdiction transferred to the inexperienced Federal Government with limited funding.
For successful Child Athlete Abuse Syndrome intervention, including Sexual Abuse, the Multidimensional problem requires the sovereign state Multiprograms, Multidiscipline and Multiagency Team approach. approved by the U.S. Department of Justice, supported by years of funding and experience [U.S. Department of Justice 2001 Guide to Investigating Child Abuse]
To complicate matters, there are serious questions concerning the validity and jurisdiction of SSA and CSS for Child Athlete Abuse Syndrome.
In UNITED STATES v. MORRISON, Chief Justice Rehnquist explained by emphasizing that non-economic activities (violence against women, or violence against men, or violence in general) could not be aggregated to establish a substantial connection to interstate commerce. This he made clear as a bell. [Commerce, Commerce, Everywhere: The Uses and Abuses of the Commerce Clause, January 18, 2011 14 min read Download Report by David Forte, Senior Policy Analyst The Hertage Foundation]
The majority held that neither the U.S. Constitution’s Commerce Clause nor the 14th Amendment gives Congress the power to act in this area.
Justice Rehnquist, joined by justices O’Connor, Scalia, Kennedy, and Thomas ruled that the Commerce Clause does not grant Congress the authority to regulate non-economic, violent criminal conduct based solely on that conduct’s aggregate effect on interstate commerce.
Rehnquist rejected the validity of congressional findings that gender-motivated violence substantially affects interstate commerce, and concluded that it is the province of the states, not the federal government, to regulate intrastate violence that is not directed at the instrumentalities, channels, or goods involved in interstate commerce.
“United States v. Morrison, 529 U.S. 598 (2000), is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.”
“With regard to the Commerce Clause, the majority said that the result was controlled by United States v. Lopez (1995), which had held that the Gun-Free School Zones Act of 1990 was unconstitutional.
There as in Morrison, the Court stressed “enumerated powers” that limit federal power in order to maintain “a distinction between what is truly national and what is truly local.” Lopez therefore limited the scope of the Commerce Clause to exclude activity that was not directly economic in nature, even if there were indirect economic consequences. Lopez was the first significant limitation on the Commerce Clause powers of Congress in 53 years.
Enumerated powers were the powers sovereignly granted to the U.S. Federal and enumerated powers sovereignly granted to the states, including Child Protection and All Child Abuse Interventions.
SSA and CSS Reauthorization, deauthorization and/or unconstitutional proceedings, in whole or part, appear to be in order.
With hat said, the most important impact of the Safe Sport Act and Center for Safe Sport, signed into law February, 2018:
- ‘‘New Standard of Care’ and ‘Reporting’ for All U.S. School and non-School Amateur Child Athletes and All types of Child Athlete Abuse 1.
- “New Standard is the Prevention of ‘Child Athlete Abuse Syndrome’ and ‘Promotion of Athlete Safety 1st
- The advocacy for the ‘new Standard of Care’ began for this journalist in January, 1962, with this journalist and teammates sustained physical and psychological injuries,
- following The Pathological Impact of Charlie Bradshaw coaching on the 1961 University of Kentucky Football Class.
- See pathological study results; link: https://www.cappaa.com/kentucky-football-tragedy-and-bradshaw-forgiveness
- The story about our University of Kentucky Football tragedy was first ever told in the publication, The Thin Thirty by Shannon Ragland, Set Shot Press, 2007.
- The Pathological Impact study followed: “A Longitudinal and Retrospective Study of The Impact of Coaching Behaviors on the 1961-1962 University of Kentucky Football Wildcats”, Kay Collier McLaughlin, Ph.D., Micheal B. Minix Sr. M.D., Twila Minix, R.N., Jim Overman, Scott Brogdon, 2008.
- ‘Child Athlete Abuse Syndrome, A New Disease’ was presented at the ‘Athlete Abuse Prevention Summit’ Omni Parker House, Boston, MA. April 29, 2011, by Micheal B. Minix, Sr., M.D. (see definition: http://www.cappaa.com/child-athlete-abuse-syndrome-forensic-definition-4 )
- Child and Youth definition link: http://www.cappaa.com/child-and-youth-definitions
- [Preventing Child Sexual Abuse in Youth Sport – New Federal Legislation Takes Extraordinary Step Gregory S. Love, Esq. Kimberlee D. Norris, Esq. February 9, 2018 -Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 -Impact of new ‘Safe Sport Act’ will impact all of youth sport – directly or indirectly -Preventative legislation, rather than reactive.]